Lawsuit states hospital staff practice arbitrary strip searching and
video monitoring of patients
SEATTLE–(BUSINESS WIRE)–Attorneys from Hagens Berman and Disability Rights Washington filed
a class-action complaint on behalf of a proposed class of hundreds
of patients that were arbitrarily strip-searched and/or video recorded
while receiving treatment for mental illness at Fairfax psychiatric
facilities located in Kirkland, Everett and Monroe, WA.
According to the lawsuit, filed Apr. 30, 2019 in the U.S. District Court
for the Western District of Washington at Seattle, the suit’s named
plaintiff recalls being ordered to undress for an invasive strip-search
and cavity search when she presented for inpatient admission, even after
disclosing her history of sexual abuse to the staff member. She was not
given a gown or towel to cover up during the search, and the staff
member watched her undress and left the door open where other staff
members could see her, and threatened to restrain her if she did not
comply.
Video cameras were located in the hallway, the holding area outside
bathroom and the room where the strip search was conducted. The cameras
recorded her undressing and the strip-search.
The complaint states that Fairfax’s practices—and its failure to limit
the discretion of its staff—means that a substantial number of its
mental health patients are harmed instead of receiving adequate
inpatient care.
“Fairfax violated their duty of care by performing invasive searches
without suspicion and using video cameras throughout the hospital,” said
Steve Berman. “Our class-action lawsuit seeks systemic changes to
Fairfax’s protocols that will create safer hospitals for patients
needing help.”
The plaintiffs seek punitive damages and injunctive relief restraining
Fairfax from strip searching patients without an individualized
assessment that the patient possesses drugs or weapons that constitute
an immediate threat to life or safety and restrains Fairfax
from recording patients during the search. The plaintiffs also seek an
order requiring Fairfax to create protocols for
conducting invasive searches that require an individualized assessment
of immediate danger to self or others.
Victims Can Remain Anonymous
Your protection is our top priority. We welcome any information, and
those who contact our firm may remain anonymous in their potential case.
Attorneys will request that the Court permit our clients to proceed
anonymously as a Jane Doe. Our attorneys have experience in protecting
plaintiffs who wish to remain anonymous, both as whistleblowers and as
survivors of discriminatory or sexual misconduct.
Discrimination Experience
Our attorneys are experienced in representing victims of various kinds
of discrimination, fraud, negligence, abuse and sexual harassment. We
take on large entities and corporations on behalf of those most
vulnerable to wrongdoing, and hold them accountable.
Our team has the knowledge, experience and resources. Your claim will be
handled by experts in this area of law who will care for your rights.
Your Rights and Protections
If you were a patient at a Fairfax-operated location and believe your
rights were violated, we want to hear from you. Please fill
out the form to contact our legal team or call Hagens Berman
attorney Shelby Smith at 206-268-9370
or Disability Rights Washington attorney Alexa
Polaski at 206-324-1521. Our secure messaging offers a safe
space to those speaking out.
Our firm strives to protect the rights and safety of victims everywhere. Let
us take a stand for you »
Hagens Berman Sobol Shapiro LLP is a consumer-rights class-action law
firm with nine offices across the country. The firm’s tenacious drive
for plaintiffs’ rights has earned it numerous national accolades, awards
and titles of “Most Feared Plaintiff’s Firm,” and MVPs and Trailblazers
of class-action law. More about the law firm and its successes can be
found at www.hbsslaw.com.
Follow the firm for updates and news at @ClassActionLaw.
About Disability Rights Washington
Disability Rights Washington is a private non-profit organization that
protects the rights of people with disabilities statewide. Our mission
is to advance the dignity, equality, and self-determination of people
with disabilities. We work to pursue justice on matters related to human
and legal rights. More information about the firm can be found at www.disabilityrightswa.org
Contacts
Heidi Waggoner
[email protected]
206-268-9318
